|
|
 |
STORMWATER MANAGEMENT UTILITY
Sections:
14.18.010 Title.
14.18.020 Purpose.
14.18.030 Definitions.
14.18.040 Establishing Stormwater Management Utility.
14.18.050 Establishing Stormwater Management Utility service
charge.
14.18.060 Providing for the use of the service charge.
14.18.070 Administrative and Judicial Review.
14.18.080 Penalty.
14.18.090 Unusual circumstances.
14.18.100 Severability.
14.18.010 Title.
The ordinance codified in this chapter shall be known as the Stormwater Management
Utility Ordinance of the City of Lakewood, Colorado. (Ord. O-98-28 § 1,
1998).
14.18.020 Purpose.
A. Due to its general terrain and geographical location, property within the
City of Lakewood is particularly subject to damage from stormwaters which from
time to time overflow existing watercourses and drainage facilities. Therefore,
the City of Lakewood hereby adopts this chapter in order to construct, operate
and maintain stormwater facilities for its own use and for the use of public
and private users within and without the territorial boundaries of the City,
and to provide for a method whereby the City may prescribe, revise, and collect
in advance or otherwise, from any owner of any real property receiving service
therefrom, rates, fees, and charges or any combination thereof for the services
furnished by stormwater facilities, including, without limiting the generality
of the foregoing, minimum charges, charges for the availability of service,
and reasonable penalties for any delinquencies, including but not necessarily
limited to interest on delinquencies from any date due, reasonable attorneys'
fees, and other costs of collection, and providing that the City Council of
the City may modify, supervise, or regulate any such rates, fees or charges.
B. Furthermore, this chapter will promote the general public health, safety
and welfare by reducing the potential for the movement of emergency vehicles
to be impeded or inhibited during storm or flooding periods, and by minimizing
storm and flood losses, inconvenience, and damage resulting from runoff in the
City of Lakewood.
C. Notwithstanding the above, floods from runoff may occur which exceed the
capacity of stormwater facilities constructed and maintained by funds made available
pursuant to this chapter. This chapter does not imply that property subject
to the fees and charges established herein will be free from stormwater flooding
or flood damage. This chapter shall not create any liability on the part of
the City or any officer or employee thereof for any flood damage. (Ord. O-98-28
§ 1, 1998).
14.18.030 Definitions.
For the purposes of this chapter, the following words and terms shall be defined
as follows, unless the context in which they are used clearly indicates otherwise.
A. "Director" means the Director of the Department of Public Works
of Lakewood, Colorado, or his/her designee.
B. "Development" means any manmade change to real property including,
but not limited to, buildings or other structures, streets, parking lots, mining,
dredging, filling, grading, paving, or excavating.
C. "Impervious surface" means surfaces on or in real property where
the rate of infiltration of stormwater into the earth has been reduced by the
works of man. For purposes of this chapter, buildings, manmade structures, driveways,
patio areas, roofs, concrete or asphalt sidewalks, parking lots, or storage
areas, and other bricked, oiled, macadam or hard-surfaced areas which impede
passage of stormwaters into the earth's surface are deemed to be impervious.
D. "Person" means a natural person, corporation, partnership, or other
entity.
E. "Project costs" means those costs of administration, management,
planning, engineering, construction, reconstruction, right-of-way acquisition,
replacement, contingencies, fiscal, legal, and all operation and maintenance
costs of stormwater facilities including those costs to comply with federal,
state or City laws regulating stormwater facilities or runoff.
F. "Runoff" means that part of snowfall, rainfall or other stormwater
which is not absorbed, transpired, evaporated, or left in surface depressions,
and which then flows controlled or uncontrolled into a watercourse or body of
water.
G. "Service charge" means the Stormwater Management Utility Service
Charge as created by this ordinance.
H. "Stormwater facilities" means any one or more of the various devices
used in the collection, treatment, or disposition of storm, flood or surface
drainage waters, including all manmade structures, or natural watercourses for
the conveyance of runoff, such as: detention areas, berms, swales, improved
watercourses, channels, bridges, gulches, streams, gullies, flumes, culverts,
gutters, pumping stations, pipes, ditches, siphons, catch basins and street
facilities; all inlets; collection, drainage or disposal lines; intercepting
sewers, disposal plants; outfall sewers; all pumping, power, and other equipment
and appurtenances; all extension, improvements, remodeling, additions, and alterations
thereof; and any and all rights or interests in such stormwater facilities.
I. "Watercourse" means a stream having a body or banks and usually
discharging into some other stream or body of water. (Ord. O-98-28 § 1,
1998).
14.18.040 Establishing Stormwater Management Utility.
There is hereby established a Stormwater Management Utility. Through said utility
the City shall construct, operate and maintain stormwater facilities and pay
other project costs with the service charge and other funds available in the
Stormwater Management Utility Fund. It is not the purpose of the Stormwater
Management Utility to fund construction, operation, maintenance or other costs
not directly associated with stormwater facilities. (Ord. O-98-28 § 1,
1998).
14.18.050 Establishing Stormwater Management Utility service
charge.
A. There is hereby imposed on the owner of each and every lot or parcel of land
within the City containing an impervious surface, except as specifically hereinafter
provided, a Stormwater Management Utility Service Charge. This service charge
is deemed reasonable and is necessary to pay for: (1) the project costs of the
existing City stormwater facilities; and (2) project costs of future City stormwater
facilities. All of the proceeds of the service charge are for payment for use
of the City's stormwater facilities by the owners of real property upon which
the service charge is imposed.
B. All public and private highways, roadways, streets and alleys and associated
sidewalks and bikepaths shall be a part of the stormwater facilities and, therefore,
shall be exempt from all charges imposed by this chapter. Said exemption shall
not apply to public or private parking lots, driveways, service drives, drive
aisles or internal site roadways and sidewalks.
C. The basis for the amount of the charge is the extent to which each parcel
of land within the City makes use of the stormwater facilities, such use to
be defined as the runoff from the parcel's impervious surfaces. The charge is
also based upon the cost of including the parcel in the property and billing
records, plans and monitoring programs of the Stormwater Management Utility.
D. The service charge shall be paid upon billing by the City. The amount of
the fee shall be in accordance with a schedule established by City Council resolution.
Prior to consideration of a resolution to modify the fee, the City shall publicize
the proposed fee modification and provide an opportunity for public input regarding
the proposed fee.
E. The Director shall determine the number of square feet of impervious surface
in or on the real property of each owner, using the definition of impervious
surface set forth in this chapter. The impervious area for each single family
detached property and for each duplex property shall be 2250 square feet unless
modified by the Director pursuant to 14.18.070.
F. The service charge shall be subject to additional fees for delinquent payment,
uncollectible checks, liens and any other penalties which are the same as those
imposed with City water or sewer utility charges. (Ord. O-98-28 § 1, 1998).
14.18.060 Providing for the use of the service charge.
A. All fees and charges paid and collected pursuant to this chapter shall be
credited and deposited into a special enterprise fund, designated as the "Stormwater
Management Utility Fund," and shall not be transferred to any other account
of the City, except to pay for Project Costs.
B. The City may pledge all or any portion of the service charge, or any other
fees and charges collected pursuant to this chapter, including those anticipated
to be collected, to the payment of principal, interest, premium, if any, and
reserves for general obligation bonds, revenue bonds or any other obligations
lawfully issued or otherwise contracted for by the City for the payment or other
financing of project costs, or for the purpose of refunding any obligations
issued or otherwise contracted for such purpose.
C. The annual budget of the City shall include a proposed budget for project
costs including the operation and maintenance of stormwater facilities for the
ensuing budget year, and the construction of stormwater facilities during the
same period. There shall also be included in the annual budget a statement of
all amounts in the Stormwater Management Utility Fund, and an estimate of anticipated
revenues for the ensuing budget year.
D. Any obligations issued or contracted for by the City pursuant to this chapter,
or any other applicable provision of law, may be issued without the necessity
of an election, unless such obligations shall be general obligation bonds of
the City, in which event such obligations shall not be issued or contracted
for without prior electoral approval. All such obligations shall be issuable
in such form, shall mature at such time or times and in such amounts, shall
be payable at such place, either within or without the State of Colorado, shall
be subject to such terms of redemption and shall be secured in such manner as
the City Council of the City shall determine. Such obligations may be sold at
public or private sale under such terms and conditions as the City Council of
the City shall determine. All other terms, provisions and other matters relating
to such obligations shall be such as are approved by the City Council of the
City.
E. A summary shall be prepared and distributed annually which describes the
previous year's accomplishments, next year's proposed work plan, and issues
associated with the Stormwater Management Utility. (Ord. O-98-28 § 1, 1998).
14.18.070 Administrative and Judicial Review.
A. Any owner who disputes the amount of the service charge made against his
property may petition the Director for a hearing on a revision or modification
of such charge no later than thirty (30) days after having been billed for such
charge. The Director may hold hearings himself, or may designate another as
a hearing officer with authority to hold such hearing or hearings.
B. Such petition for a hearing shall be in writing, and the facts and figures
submitted shall be submitted in writing as sworn statements, in a form acceptable
to the Director, and at a hearing scheduled by the Director. The hearing shall
take place within the City of Lakewood, and notice thereof and the proceedings
shall otherwise be in accordance with rules and regulations issued by the Director.
C. The Director shall make a final decision and may confirm or modify such charge
or determination in accordance with the facts submitted. Such decision by the
Director shall be in writing and notice thereof shall be mailed to or served
upon the petitioner within ten (10) days from the date of the Director's action.
Service by certified mail, return receipt requested, shall be conclusive evidence
of notice for the purpose of this chapter. Such action shall be considered a
final order of the Director, and any review thereof shall be by the district
court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedures.
(Ord. O-98-28 § 1, 1998).
14.18.080 Penalty.
A. It shall be unlawful for any person to violate any of the provisions of this
chapter. Any person who violates the provisions of this chapter shall be punished
by a fine of not more than $1,000 or by imprisonment for not more than 365 days,
or by both such fine and imprisonment.
B. In the event any owner or owners of any lot, parcel of land, or any real
property within the legal boundaries of the City shall neglect, fail, or refuse
to pay the charges or fees fixed by this chapter, the City may pursue any remedy
available at law or equity to enforce and collect the service charge. The City
may also recover, in addition to service charges due, all court costs, attorneys'
fees and interest on the amount owing.
C. In addition to other civil collection procedures, all fees and charges, together
with all interest and penalties for default in payment, and all costs in collecting
the same, until paid, shall constitute a perpetual lien on the property, on
a parity with the tax lien of general, state, county, city, town or school taxes,
and no sale of such property to enforce any general, state, county, city, town
or school tax or other liens shall extinguish the perpetual lien for such fees,
charges, interest, penalties and costs.
D. Delinquent charges and fees may be collected as any other debt owed to the
City at the option of the City.
E. Enforcement of this subsection shall be in the Municipal Court of the City
or the District Court of Jefferson County. No remedy provided herein shall be
exclusive, but the same shall be cumulative; and the taking of any action hereunder,
including charge or conviction of violation of this chapter in the Municipal
Court of the City, shall not preclude or prevent the taking of other action
hereunder to enjoin any violation of that ordinance. (Ord. O-98-28 § 1,
1998).
14.18.090 Unusual circumstances.
It is anticipated there will be situations which are not addressed by the procedures
and criteria in this ordinance. In these cases the Director is delegated the
authority to analyze and decide those cases. (Ord. O-98-28 § 1, 1998).
14.18.100 Severability.
In the event that any section, subsection, subdivision, paragraph, sentence,
clause, or phrase of this chapter, or the application thereof, is for any reason
held or decided to be unconstitutional or unlawful, such decision shall not
affect the validity of the remaining portions or applications of this chapter.
(Ord. O-98-28 § 1, 1998).
 |
||
Home
| Search
| Contact Us | Privacy
Policy© City of Lakewood, 480 S. Allison Pkwy., Lakewood, CO 80226, 303-987-7000 |